This vote was on confirming David W. Ogden to be deputy attorney general, the second highest ranking post in the Justice Department, just underneath attorney general.

Chuck Grassley, R-Iowa, said he doesn't doubt that Ogden is an experienced lawyer, but doesn't believe he's fit for the post because of some of the cases he's argued. Grassley said Ogden has specialized in First Amendment cases, particularly pornography and obscenity cases. Grassley specifically quoted a case in which he argued against legislation designed to ban child pornography.

"Mr. Ogden also has filed briefs opposing parental notification before a minor's abortion, opposing spousal notification before an abortion, and opposing the military's policy against public homosexuals serving in uniform," Grassley said. "Significant concerns have been raised in regard to Mr. Ogden's nomination. I have heard from a very large number of Iowa constituents, including the Iowa Christian Alliance, who are extremely concerned with Mr. Ogden's ties to the pornography industry and the positions he has taken against protecting women and children from this terrible scourge."

Harry Reid, D-Nev., called Ogden "eminently qualified for the job," having both graduated from Harvard Law School and clerked on the Supreme Court for Justice Harry Blackmun.

"As I understand it, the argument of those who oppose him is that he took positions on behalf of law firm clients that some members do not agree with. In my view, that is an unfair basis for opposing a nominee," Reid said. "President Obama deserves to have his advisors, especially members of his national security team, in place as quickly as possible."

By a vote of 65-28, the Senate confirmed Ogden. All but one Democrat present voted to confirm. Of Republicans present, 11 voted to confirm and 27 voted against. The end result is that David Ogden was confirmed to the post of deputy attorney general.